Hamilton County, Indiana - Chapter 4: Organization of Hamilton County, 1915

Chapter 4: Organization of Hamilton County

The land included within the boundaries of Hamilton county was a part of what is known as the New Purchase. By a treaty at St. Mary's, Ohio, October 2, 1818, between Lewis Cass, Jonathan Jennings, governor of Indi¬ ana, and Benjamin Park, commissioners, and the Delaware Indians, the latter ceded all their territory in Indiana to the United States, agreeing to de¬ liver the possession in 1821. This was known as the New Purchase. Be¬ cause of its reputation for beauty and fertility a large number of settlers immediately entered the country and made settlement at various points. In 1820 Delaware county was organized and its boundary lines stretched around much of central Indiana. In 1821 Marion county was carved out of the western part of Delaware county. When a sufficient number of people had settled in the northern part of Marion county they took advantage of the law which provided for the formation of a new county, gave twenty days' notice and presented a petition to the Legislature for a separate and independent county. This was in the summer of 1822 and the application being presented to the Legislature at the session of 1822-23, held at Corydon, was in due time passed and received the signature of Governor William Hendricks. The following are sections one and two of the act: "Section 1. Be it enacted by the General Assembly of the state of Indiana, that from and after the first Monday in April next (1823) all that part of the county of Marion, and north of Marion, contained in the following bounds, shall form and con¬ stitute a searate county, viz: Beginning on the range line dividing ranges 2 and 3, east of the second principal meridian, at the southwest corner of sec¬ tion seven, in township 17, and range 3, thence running north on the said range line, to the township line dividing townships 20 and 21, thence east on the said township line to the northwest comer of section 5, in township 20. range 6, thence south on the section line to the southeast corner of section 8, township 17, and range 6, and thence west on the section line to the place of beginning.

"Section 2. The said new county shall be known and designated by the name of Hamilton, and shall enjoy all the rights, privileges and jurisdiction.

The Legislature appointed Benjamin J. Blythe, of Dearborn county, Martin M. Ray, of Fayette; John Sample, of Randolph; William Reddick, of Bartholomew, and James Wasson, of Sullivan, commissioners to carry out the provisions of this act and to select a site for the seat of justice. These commissioners were to meet at the house of William Conner, in said county of Hamilton, on the first Monday of May, 1823. In a little old commission¬ er's book, yellow with age, filed carefully away in the auditor's office, is the record of that first meeting. In almost a hundred years the ink has faded a little, but the handwriting, wrhich is excellent, is still very legible. It was done with a quill pen in the hand of J. D. Stephenson. This quaint record

1 2th day of May, 1823." In order to effect an organization of the county in accordance with the law for the organization of new counties, the governor, William Hendricks, appointed William P. Warwick, sheriff of Hamilton county, to discharge the duties of that office until his successor should be chosen. He issued a notice for a primary election and the necessary officers were chosen by the qualified voters. This election was held in the spring of 1823 in the cabin built for Solomon Finch near Horseshoe prairie. At this election William Dyer, Zenas Beckwith and Solomon Finch were elected commissioners.

The record states that "William Dyer produced a certificate of his elec¬ tion from William P. Warwick, sheriff of said county of Hamilton, to serve as commissioner for three years for said county. On the back whereof was endorsed certificate of his having taken oath to support the constitution of the United States and of the state of Indiana, and the oath of office, and the oath against dueling, and thereon took his seat as a member of the board/'

"Zenas Beckwith produced a certificate of his election from William P. Warwick, sheriff, and having made proof that he had taken the prescribed oaths, entered upon the discharge of his duties for a term of two years."

"Solomon Finch produced his certificate also to serve for one year and took his seat," having previously shown by the indorsement on his certificate, taken and subscribed the necessary oaths of office.

pleted, and immediately began to transact business. Quoting from the record, "The board now proceeded to lay off this county into the following townships, to-wit :

"The following territory shall be established and known by the name of White River township, to-wit : Beginning at the most easterly boundary of said county, on the line dividing sections 17 and 20, in township 19, range 5, thence on said line until it strikes the western line of said county; thence north running with the said county line to the northwest corner; thence east to the northeast corner; thence with said line to the beginning"; and "That all that part of the county lying south of a line drawn from the most eastwardly boundary of said county, running with the line dividing sections 17 and 20 in township 19 until it strikes the most westwardly boundary, shall be laid off, established and known by the name of Delaivare township."

The board appointed Jacob Hyer and Henry Foland overseers of the poor for White River township and George Kirkendall and James Williams for Delaware township. At this first session the board also ordered that two magistrates be elected in White River township, that the election be held the 24th day of May at the house of Henry Foland in Strawtown, and appointed Jeremiah Learning inspector.

Two magistrates were ordered elected in Delaware township on the same day, the election being held at the house of John Conner, who was to serve as inspector. Jerry K. Learning was appointed lister of taxable property and persons in the county. William Conner was appointed to serve as treasurer of the county until the next February term.

Jeremiah Learning was appointed superintendent of school section num¬ ber 16, in township 19, range 5, and Thomas Morris for section 16, town¬ ship 18, range 4.

Three fence viewers were appointed for each township. Having set the machinery in motion and appointed or arranged for the election of all neces¬ sary officers to carry on the government of the county, the board adjourned.

On the 29th day of May the board of commissioners held a special ses¬ sion to receive the report of the tax lister, Jerry K. Learning. He filed his list and was allowed eight dollars for his services. (The amount paid for assessing in 1913 was $3,136.50.)

"For every horse, mare, gelding, mule or ass over three years old, 37 y2 cents; tavern, $10.00; for every ferry, $6.00; for each and every pleasure carriage of two wheels, $1.60; for each pleasure carriage of four wheels, $1.25; for each gold watch, 50 cents; for each silver watch, 25 cents; for every head of work oxen, three years old and upward, twenty-five cents, and on each male person over the age of twenty-one years, fifty cents, provided that person over the age of fifty years and not freeholders and such as are unable from bodily disability to follow any useful occupation for a livelihood and all idiots and paupers shall be exempt from said mentioned tax/'

At the May session, 1824, the treasurer, William Conner, made his re¬ port of taxes collected, deducting from the list the delinquents, and the com¬ missioners paid the sheriff for collecting, and his own commission for re¬ ceiving and disbursing the funds, the remainder to the county $116.49. At the same time he filed county orders amounting to $122.32. As shown by the report, the treasurer had overpaid to the amount of $5.83, and an order was given him for this amount. (The amount of taxes collected in Hamilton county in 1913 was $446,436.74.) At the August session of the board the first petit jury was drawn, consisting of thirty-six discreet householders. The names were selected from the list of owners of taxable property as follows: "Allen Baxter, Chapel W. Brown, Thomas Morris, Andrew W. Ingraham, Michael Wise, John Duncan, Archibald Bayless, James Headdy, John Dick¬ son, Levi Dickson, William Richey, John Tresel, John Osburn, John Car¬ penter, Andrew Wilson, James Freed, Jr., Asa O. Ives, Henry Shetterly, Henry Poland, John Conner, George Conner, Peter Custer, John Nickerson, Timothy Heron, Alexander McClintick, Lemuel Anton, Solomon Wise, John Provault, Elias Hoddy, John Bingam, David Conner, John Alman, Francis Booker, George Wise, Jerry K. Learning and Edward M. Dwyer."

The Legislature having passed an act to abolish the board of commis¬ sioners and substitute therefor the government of counties by a board of justices, the following entry was made on the record for the September session, 1824: "Be it remembered that on Monday, the 6th day of September. 1824, William Bush, Foster Andrews, W. Ingraham and William Dyer, es¬ quires, met at the house of William Conner, in the county of Hamilton, and each of them produced commissions from the governor of the state, com¬ missioning them justices of the peace within and for the county aforesaid, upon which said commissions were endorsements of their having taken the several oaths as required by the constitution and laws of the state, and there¬ upon agreeable to an act entitled 'an act to regulate the mode of doing county business,' approved January 31st, 1824, took their seats as members of this board."

The members of this board proceeded to elect Andrew W. Ingraham, president. This must have been considered a great honor, as he is called, from this time on, in the records the "Worshipful Andrew W. Ingraham."

The business of the county had thus far been transacted at the house of William Conner. On the first day of March, 1824, the three commis¬ sioners who had been appointed by the Legislature to fix the seat of justice, under an act approved January 2, 1818, met at the home of William Conner for the purpose of selecting a site. The three commissioners were Martin M. Ray, John Sample and Benjamin I. Blythe. These commissioners pro¬ ceeded to examine the different sites submitted to them for the location of the county seat. In the commissioner's report only two sites are mentioned, the present site of Nobles ville and that of Strawtown. They did not consider the latter, as, in their judgment, it was too far from the center of the county. However, there must have been other locations submitted, for the record states that these commissioners met on the first day of March, "and not hav¬ ing been agreed whereon to fix the same, adjourned from day to day until Thursday, the 4th day of March, 1824, when, having met at the home of William Conner, aforesaid, after having carefully, deliberately and diligently viewed and examined the several donations offered to our choice, and having examined and duly considered as well present and future population and inquired what land could be obtained by donation and otherwise, and having, in all respects, endeavored to fix upon the most eligible spot; taking into view the advantages of all the different situations offered to our consideration as also from every inquiry which we could make, have, therefore, finally fixed and established the permanent seat of justice for the county of Hamilton, in the state of Indiana, on the east side of White river, and on the west half of the southwest quarter of section 31, township 19 north, range 5 east; and all that part of the southeast quarter of section 36, township 19 north, range 5 east; thence north with the line dividing the quarter, one hundred and twentytwo poles; thence west to White river; thence with the meandering of the said river, to where the line between townships eighteen and nineteen crosses the same; thence, with said township line east to the beginning." Reference is then made to the plat of Noblesville as filed by Joseph F. Polk and William Conner. In the commissioners' record this plat is preserved and bears the title, "Plat of Noblesville, laid out by William Conner and J. F. Polk, January, 1823, embracing about seventy-five acres."

Square number ten, as shown on the plat, was donated to the county as the public square, whereon should be erected public buildings for the use of the county forever; also each odd numbered lot in the whole plat was to be donated to the county, except that Polk and Conner reserved the whole south half of square number nine, lying on the west side of the public square,

A bond in the sum of ten thousand dollars in good and lawful money of the state of Indiana and the United States was given by said Polk and Conner to the county commissioners to make good the terms and conditions . on which the site for the seat of justice was offered and accepted. This bond contains in detail the terms of the contract. At the same session of the board of county commissioners the report of the commission to fix the seat of jus¬ tice was accepted, thus making Noblesville the county seat. Josiah F. Polk was appointed county agent, and his bond fixed at five thousand dollars. He was then authorized and directed to sell on Monday, the 19th day of April, 1824, a'part of the lots in the town of Noblesville that belonged to the county. The terms of payment to be as follows : "One-fourth in hand, one-fourth in nine, and one-fourth in eighteen months, and the remainder in twenty-seven months.,,

It is interesting to note, too, that the board allowed Martin M. Ray for his services as commissioner, $30.00; Benjamin I. Blythe, $34.50; John Sample, $28.00.

At the May session of the board Josiah F. Polk, county agent, made a report of the sale of lots on April 19, 1824. His statement showed that the entire sale amounted to $18375 ; one-fourth, $45.93^, according to the terms, were "paid in hand." After deducting expenses he turned over to the county

At the September session, 1825, the board of justices having replaced the board of commissioners, "believing that it would be to the interest of the county to donate some of the lots belonging to the county, in the town of Noblesville, for the encouragement of mechanics settling in the town," do¬ nated four lots for that purpose. In addition to these lots, Polk and Conner donated four more lots for a similar purpose. These lots were to be given to the following kinds of mechanics : "One tanner and currier, one shoemaker, one hatter, one tailor, one wheelwright, one cabinetmaker, one house car¬ penter, or joiner, one blacksmith." The conditions were "that each of the aforesaid mechanics shall be good workmen at their respective trades and well recommended." They were to settle on these lots and improve them and carry on their trade in said town for at least two years. Those settling on the lots donated by the county should pay to the county agent the sum of ten per cent, on the valuation of each lot for the use of a county library.

At the January session, 1825, of the board of justices, it was decided to inaugurate a lottery under the name of "The Hamilton County Court House

Lottery/' for the purpose of raising funds to build a court house. This scheme was submitted by Josiah F. Polk. The prizes were as follows : One prize of $400 cash, one prize of $200 cash, one prize of $100 cash, one prize of $50 cash. Then followed a number of lots in Noblesville and a large number of tickets, making a total of $2,000 offered in prizes. William Con¬ ner, Curtis Mallery and Josiah F. Polk were appointed managers, and John D. Stephenson, secretary.

The scheme, however, failed, and at the September session of the same year the following entry is made : "It is ordered by the board that the order establishing The Hamilton County Court House Lottery be annulled and set aside, and the agents of the same are directed recalled and take up all tickets that they may have disposed of and wind up the business of same."

At the first session of the board of commissioners the county was divided into two townships, White River and Delaware, as noted above. At the March session of the board of justices of Hamilton county it was "ordered by the board that all that territory lying north of Madison county and at¬ tached to this county by an act of the General Assembly approved the 13th day of January, 1826, form a township which shall be called and known by the name of Anderson township." This township embraced the greater part of what is now Madison county. The board of justices ordered an election of justices held on April 15, 1826. John Berry and Robert Blair were elected, and at the May session of the board produced their commissions and took their seats as members of the board. At the January session, 1827, an elec¬ tion was ordered held in Anderson township, at the town of Anderson, and all township officers were elected for the year 1827. By an act of the Legis¬ lature, approved January 26, 1827, for the re-location of the seat of justice of Madison county, and the formation of Hancock county, Anderson township became a part of Madison county.

At the March session of the board it was decided to sub-divide Delaware township into three townships, and said board proceeded to lay out bound¬ aries and organize Noblesville, Delaware and Fall Creek townships out of this territory.

The county commissioners, at their session in November, 1833, pro¬ ceeded to lay off the whole county into nine civil townships, viz. : Adams, Jackson, White River, Washington, Noblesville, Wayne, Clay, Delaware and Fall Creek, and establish their boundaries and, with a slight correction in Fall Creek, the boundaries have remained the same unto this day.

At the January session, 1839. the county commissioners ordered "that all territory north of White River, Jackson and Adams townships, to the Miami reserve, be attached to and form a part of said township/' Afterward this territory was divided into Jefferson, Cicero and Madison townships. These three townships comprised the land north of the present county line and over which the Legislature had given this county jurisdiction. In May, 1844, upon the organization of Tipton county, these townships became a part of that county.

At the March session, 1850, of the board of county commissioners, citizens of Delaware and Clay townships presented a petition for a "new township, to be named Carmel township, west of White river, and two miles off the east side of Clay township." The petition was signed by about ninety citizens of the two townships.

The petition was granted, boundaries were established, and elections or¬ dered held on the first Monday in April, 1850, to elect justices of the peace. But at the June, 1850, session "the board ordered that the township of Car¬ mel, heretofore laid off, be rescinded and that Delaware and Clay townships be re-located as they were before."

In June, 1866, a petition was presented on behalf of the citizens of Delaware and Fall Creek townships, asking for a new township, to be called "East Delaware." The matter was continued until the September session, when a strong remonstrance vyas presented and the case was dismissed. Not satisfied with this disposition of the case, in March, 1875, a number of citizens of Delaware township presented a petition asking for a division of their township, the territory east of White river to be attached to Fall Creek town¬ ship, and the territory west of White river to Clay township. The case was again continued and at the June session following was dismissed.

Again, at the August term, 1913, the matter of dividing Delaware town¬ ship was taken up. The division was to be the same as that proposed in the petition of 1875. election was ordered and held the 26th day of August, 1913, at which election the proposition was overwhelmingly defeated.

Public Buildings

The first public building for which provision was made was the county jail. At the May session of the county board of justices, 1824, it was ordered that the sheriff sell to the lowest bidder on June 1, 1824 (Tuesday), at the house of Josiah Polk, the clearing of a site selected by the board, and the building of a jail on the fraction of a lot donated for the purpose of erecting public buildings thereon, the fraction in question being located in the south¬ west corner of the town. The following is a description of the proposed building, taken from the early records: 'The size, from out to out, to be twenty-one by fourteen feet : the timber to be twelve inches square, and of good, durable quality; foundation to be solid on the ground, of good white oak logs, at least twelve inches in diameter at the top end; to be close and tight, lengthwise of the same ; floor to be laid crosswise of the foundation, of good white oak timber twelve inches square, laid close and tight; the walls to be built on said floor, to be dovetailed at each corner and well pinned with two-inch pins of good, substantial wood, and fastened well to the floor, so as to prevent any part of same from being moved or slipped; the walls to be tight and close. The same to be divided into two separate apartments of equal size, the partition to be of same sized timber as the walls; the joist or upper floors to be of good timber of same size, to be let down four inches so as to prevent them from slipping, and substantially fastened ; to be built ohe log above said joist or floor, and topped off and covered with a good clapboard roof; to be nine feet in the clear. The door to be made of good seasoned white oak plank one and a half inches thick, doubled and crossed; to be well spiked so that no auger can be introduced ; to be hung with good strap hinges to reach across the same, well riveted and hung with good substantial stocklocks, well put on with good rivets. The door to be two and one-half feet wide by five feet high, with good staples for fastening the lock ; to have two windows in the dungeon part six inches wide by twenty-four long, a plate of iron four inches wide by one thick, let into the logs abov'e, and below, even with the surface, to be. well spiked ; iron grates one inch square to be set in these plates not more than three inches apart. To have two windows in the other room twenty-four inches long and twelve inches wide; plates to be fixed in windows same as the other, with at least four cross grates, one to run lengthwise, to be well and substantially put in and fastened. The outer door to enter into the debtor room, and the other door from that room to the dungeon. To be completed within six months from date of sale; provided, however, if the same cannot be built for three hundred dollars, the sheriff is directed not to let the same."

At a special session in June, 1824, further orders were given to make the jail a veritable bastile for security, special provisions being given for spik¬ ing the door and "ironing" the windows. "That the door (of the jail) be nailed on both sides with six-penny nails, so that a half-inch auger cannot be introduced, and yet must be spiked, to go through and clinch; plates of iron for the windows not to be less than half an inch by four wide. The timber may be any width up and down, not less than twelve inches ; the cor¬ ners to be halved instead of dovetailed. A hole to be dug under the floor of sufficient depth for a necessary, with a small passage of three or four inches in diameter leading to it through the floor." For this building the contract was let to Josiah F. Polk, and ordered to be erected on a part of block 18, between lots 7 and 8 and White river. However, the completion of the task was not for Mr. Polk. At the November session he was appointed one of the justices, in consequence of which he resigned his position as county agent, and Snyder Dale was appointed agent in his place, but for the work done on the building up to that time the board ordered "that the agent of the county pay over to J. F. Polk, the undertaker of the jail, the sum of seventy dollars and ten cents out of the cash donated for county buildings, as soon as the amount may be collected."

The erection of the building seems to have moved on smoothly, for at a special session of the board, March 17, 1825, held at the home of the clerk, J. D. Stephenson, it was ordered "that the jail be received, and that the sheriff take possession of the same, and that the agent pay over any moneys he may have in his hands unappropriated collected from donations," etc.

For some reason not given in the early records the first site of the jail was not satisfactory. So, in a year and a half after its completion, Septem¬ ber, 1826, the board ordered its removal to the public square. The removal of the building was sold to Isaac Cottingham as the lowest bidder. He received fifty-two dollars for his services. The jail remained in that place until it was succeeded by a more pretentious structure in later years. The old building proved to be insufficient for the purpose. At the September session. 1852, a new jail was ordered to be built on the public square and to be completed on or before December, 1853. The jailer's residence was included in the plans, five hundred dollars being allowed for that purpose. The bids were opened and considered by the board at the March session, 1853. The contract was awarded to A. B. Davidson and J. R. Davidson, John McNutt and A. M. McNutt for $5,584.43. The jailer's residence was twenty feet by forty feet and two stories high. The brick jail building was to be seventeen feet by twenty-six feet. At the December session, 1853. the building was paid for. This building was used for sixteen years, when a new jail was again con¬ sidered. The board went to different towns to view the jails with the idea of building another jail in Hamilton county. Among the towns visited was Newcastle. The old building was used until 1875, when, at a special session in February, 1875, the board agreed to build a new jail within the year, the cost not to exceed twenty-five thousand dollars.

The plans of the building were not determined upon at the regular ses¬ sion in March. But on March 22, 1875, at a special session, the board ordered that a new jail should be located on the southwest comer of the public square, near the location of the old building. The contract was let to W. R. Parsons, of Terre Haute, with the provision that Thomas & Richter's improved jail locks should be used by them. W. R. Parsons was the architect and super¬ intendent, with a salary of three per cent, of gross cost of the construction. On May 28, 1875, the bids were opened and the contract was awarded to William Gigger & Company, Noblesville, their bid being twenty-eight thou¬ sand four hundred and seventy-four dollars. With the awarding of the con¬ tract the work was begun on the new building, which progressed satisfactorily to all concerned. On April 19, 1876, it was ordered "that the jail is com¬ pleted, and that the board accept the same ; and the auditor is ordered to pay the balance due the contractors, twenty-eight thousand four hundred and seventy-four dollars, less the sum before paid, the work having been approved bv the architect appointed to superintend the same." - The building is now forty years old and is a very substantial structure, the south part being the sheriff's residence. With few improvements it has stood the test of time well. Many persons regretted its being situated on the public square, be¬ lieving it destroyed the beauties of the otherwise harmonious perspective of the court house, which occupies the central area of the public square.

Court Houses

On the 25th of September, 1824, at the first session of the board of county justices, the sheriff was ordered to sell the clearing of lot number 3 in square 4,. to the lowest bidder, in contemplation of the erection of a tem¬ porary court house, the sale to take place at the house of Josiah F. Polk. Nothing further was done toward the building except the clearing of the lots of timber and brush, etc., preparatory to the erection of the building, until early in the next spring, 1826. At the March session of the board it was ordered "that William S. Goe be appointed to superintend the building of a temporary court house, in the town of Noblesville, of the following dimen¬ sions, to-wit : To be a round-log cabin, twenty-two feet square, a story and a half high, the lower to be not less than seven feet high ; to have five windows in the same, three in the lower story of twelve lights each, one to be in each side, and one in the end; to be a partition in the center of the upper story, carried up with logs, and one window in each end, of six lights each. To be one door in the same, and a good chimney ; to be hewed down inside and out ; to be good flooring; the same to be covered with a good clapboard roof." The foregoing is the description as it appears of record, and embraced the leading features as at first proposed. When, however, the notice was given Sheriff Warwick that the contract to build the same would be sold at public outcry to the lowest responsible bidder, the following dimensions appeared to have been considered: "To be a double cabin, with one entry, ten feet wide; one room to be twenty- four by twenty feet ; the other twenty feet by sixteen feet - nine-feet story. Foundation to be of good lasting timber; balance to be of any kinds of logs excepting buckeye; well hewed down the inside; well chinked with wood, and well daubed with clay and mortar: two windows in each room with fifteen lights; glass eight by ten inches, well cased and well put in; one door in each room fronting the passage; good batten doors, well cased ; good locks and latched ; good floor in each room, of plank ; loft in each room to be laid with loose plank. The chimneys to be built of cat and clay ; back wall and hearth to be of brick ; corners of house to be well sawed down."

The first court house served the purpose for a few years, when, the needs of the court being greater, it was found in four years (1830) that more commodious quarters were necessary. When the board, called at this time "board of commissioners," met in August, 1830, the following records are found : "Ordered, that the commissioners of the county proceed to build a frame house on lot number 1, block number n, in the town of Noblesville, in the county of Hamilton, for the purpose of holding courts in, for said county, until a permanent court house can be built on the public square. The said house is to be thirty-two by eighteen feet, one story and one-half high; and that the building of said house to be sold to the lowest bidder on the 15th day of September next, at the house of George Shirts, in Noblesville, and the clerk of this court advertise the said sale at three of the most public places in the county." At the November session following, further legislation was had upon the subject, which is thus indicated: "Or¬ dered, that the commissioners of the county proceed to build a frame house on lot 1, square 11, in the town of Noblesville, for the purpose of holding courts in, for said county, until a more permanent court house can be built on the public square; the said house to* be thirty-two by eighteen feet, post and bent seventeen feet high, ten feet between the lower floors, a fire-place below and above in each end of the house; two doors in front, six feet apart; two fifteen-light windows in the front below ; one fifteen-light window in the center of the back, on the south side of the house, and one twelve-light on each side of the center window; two nine-light windows in front, above, and the same number back; the bar in the center of the south side of the house, and a parti¬ tion above, dividing the upper part of the house into two rooms, suitable for the grand and petit juries. It is also ordered* that the building of said house be sold to the lowest bidder, on Saturday, the nth day of December next." The terms of -payment for the construction of this building were prescribed as follows: "Twenty-five dollars in cash and twenty-five dollars in county orders, in advance ; twenty-five dollars in cash and twenty-five dollars in orders when the house is raised ; twentyfive dollars in cash and twenty-five dollars in orders when the house is covered and inclosed ; twenty-five dollars in cash and twenty-five dollars in orders when the windows are glazed, doors hung and floors laid, and fifty dollars in cash and fifty dollars in orders when the mason work is completed ; * * * the whole to be completed by the sec¬ ond Monday in November next." As indicated in the foregoing statement, the first payment was due the contractor in advance; this was made, as shown by the following: "Ordered, That Francis B. Cogswell be allowed twenty-five dollars, first payment for building the court house, and, also, twenty-five dollars in part of his second payment." - Made at this January session, 1831.

Public Square

In the meantime, before the construction had greatly progressed, it was determined that the building, instead of being erected on the site proposed in the original order, should be on the public square as the more suitable place ; hence, the board, at its May session, 1831, ordered "that Francis B. Cogswell be authorized to erect the court house on the public square, instead of on lot one, in square eleven." During the same session the contractor was allowed twenty-five dollars, in part payment of the third installment on the new court house, and at the August session following, he was allowed twenty-five dol¬ lars, in part of the fourth payment on the court house contract. The build¬ ing was, no doubt, built and completed in accordance with the terms of the contract, since the record shows that the November session of the board was held in the court house, the contract requiring that it should be completed by the second Monday in November. It was further shown, also, that during the term "he reported to the board that the house was completed, and asked them to accept the same." Upon the presentation of the report, the board enter¬ tained some doubts whether the contract had been literally complied with, which doubts, and thdr action in regard thereto, are sufficiently defined in the following extract from the record in the case: "And the board, after view¬ ing and examining said house, are of the opinion that the work in and about said house has not been done and performed agreeably to contract and un¬ dertaking of said Cogswell; we, therefore, refuse to accept the same, and to make full payment for the same. Whereupon the commissioners of the county and the said Cogswell agreed to submit the matter of difference in controversy to the award of Charles W. West, Curtis Mallory and John Shryock, whose award shall be final.,, The referees made the following re¬ port: "We, the arbitrators, after being sworn by B. F. Cogswell, and having made a careful examination and inspection of said building, now return the following award:

"And, thereupon, the board received and accepted said house, and ordered the same to be paid for, as per contract price, except said sum of $3.25. All parties were satisfied."

The current expense account for this year shows, among other things, the following: For erecting the court house, $180; deducting $3.25, makes the total sum of $176.75. At the same term it was ordered "that F. B. Cogs¬ well be allowed $135.87^ in county orders, in full payment for erecting a court house. William S. Goe was allowed $1.75 for summoning arbitrators for court house.,, A further order was made at the January session, 1832, allowing F. B. Cogswell $172.64^ "in full of all demands."

About the time the present jail was built the question began to be agitated whether it was proper or necessary to erect a new court house. As the views of the people seemed to be pretty equally divided, the county commissioners did not like to undertake a work of such magnitude without obtaining the direct views of the voters. The board ordered an election to be held the first Monday in April, 1875, when a vote should be taken "for a court house" or "against a court house." The result of the election was against the proposed construction of a court house, one thousand two hundred fiye against seven hundred twenty-five for. This decisive vote quieted the agitation for a time, but in a year or two the necessity for more commodious quarters for the temple of justice became more apparent. Accordingly, at the March session, 1877, the board, having determined to erect a new building, ordered the old court house sold. Adjourning on March 28, the board agreed to meet at an early date at Indianapolis, for the purpose of visiting a number of court houses, examining plans, etc. The auditor was to accompany them on this trip. The board met as agreed and on April 21, 1877, after examining plans, accepted those submitted by Edwin May, of Indianapolis. The plans not being completed at that date, Mr. May was directed to complete same. On September 29 Mr. May was allowed two thousand nine hundred dollars for plans and specifications submitted and accepted.

In order to create a fund to be applied on the building fund for the new court house, the board met December, 1877, and "ordered that bonds be issued for a loan to raise funds for the building of the court house, in the sum of seventy-seven thousand five hundred dollars, an amount not exceed¬ ing one per centum of the assessed valuation of real and personal property of the county."

As the building of the court house progressed there was some dissatis¬ faction expressed concerning the management of the superintendent, Mr. May. The frequent complaints finally resulted in the dismissal of Mr. May by the county board and the appointment of J. C. Johnson, of Fremont, Ohio, in his place. Mr. May was not satisfied with this action of the board and brought suit against the board. But the difficulty was finally settled by the board allowing him one thousand two hundred dollars in full of all demands, for all services rendered by him as superintendent.

Philadelphia brick was to be used for the outer finish. Daniel Gasho and E. S. Phillips were appointed on April 1 1 as a committee to proceed to Phila¬ delphia and to make selection of the brick as before determined upon. Phila¬ delphia "Peerless Brick" was the kind selected by the board one week later.

The work on the building progressed with a fair degree of rapidity. On July 2, 1879, Mr. Campfield claimed the building was completed. The board ordered an examination of the building prior to its acceptance by them. The examination did not prove satisfactory to the board. Accordingly it was agreed to submit the matter to four arbitrators who, in the event they could not agree, were to choose an umpire, whose decision in the premises should be final. The building in the meantime was formally accepted and the county officers directed to occupy it. The arbitrators chosen were, for the board, Ingraham Fletcher, of Indianapolis; T. J. Folan, of Fort Wayne; for the con¬ tractors, D. B. Harris, of Greensburg, Indiana, D. P. Hopping, of Springfield, Illinois. These gentlemen having canvassed the matter thoroughly, de¬ cided in favor of the contractors. Certain sums were then paid in settlement of the contractor's claims and the new7 court house was formally accepted July 28, 1879.

When the new building was accepted and occupied by the county officials the board appointed Isaac Hiatt, engineer and superintendent of the heating department and janitor of the building at a salary of seven hundred dollars a year. When the court house was built it was considered one of the best in the state outside of Marion county. After nearly forty years of service the court house, is still a credit to the county. Repairs have been made on the various parts at different times in recent years. In 1904 the interior was refrescoed and the floors relaid with marble tiling in the corridors and a new system of heating installed in the entire building. The bid for the general specifications accepted was $11,900. The following was the actual cost of the entire work done: Marble, $11,241 ; heating plant, $7,714; inter¬ ior decorations, $1,895. When the work was completed the interior of the court house was indeed "a thing of beauty/' and some of the work done w7ill last as long as the building itself.

Asylum For The Poor

The care given to the poor of a community largely indicates the spirit and civilization of that community. In Hamilton county there has at all times been ample provision made for the poor within its borders. Prior to a regular county poor house, each township had among its first, if not the first, officers an "overseer" of the poor. Provision must be made for the dependent ones, for "the poor we have always with us." It was the duty of these town¬ ship "overseers" to "hear and examine into the nature of all complaints in behalf of the poor, in each civil township of the county, and to see that their wants were sufficiently provided for ; that they should not suffer for the com¬ mon necessaries of life, nor allow them to be ill treated. It was also the duty of the overseer to keep a record in which they should record the names of all persons in their respective townships who were unable to take care of them- selves and who, in their opinion, were entitled to the benefits prescribed by law for maintenance of those unfortunates. A further provision made it their duty to put out, as apprentices, all poor children whose parents were dead or were found to be unable to maintain them - males until the age of twenty-one and females until the age of eighteen years/'

Nothing further seems to have been done in the county for the main¬ tenance of the poor, no provision made for a poor house of any description until 1846. At the March session of the county board, that year, Jesse Fisher was appointed superintendent of the institution for the poor. This poor house was built in township 19 north, range 5 east, containing eighty acres. Log cabins were to be built and provided and furnished for the poor, allowing Superintendent Fisher three hundred dollars per annum for seven paupers, and in proportion to the number a greater or less amount. The superintendent was to provide for all the necessities of life for the in¬ mates. Under this arrangement all the overseers of the poor in the various townships were to remove all charges under their care to this county poor farm in May of the year 1846. The following is Superintendent Fisher's re¬ port for the first year: "The undersigned superintendent of the asylum for the poor of said county submits, respectfully, to your body, the following report, showing the number of paupers that he has taken under his charge since his appointment to the superintendency of this asylum by your said board, together with the time and manner of the reception of each, their health, fitness to labor, etc., to-wit : He has, in all, eight paupers, of whom he received from overseers of the poor of Clav township, to-wit : On the 2 1 st day of April, 1846, they consisted of an old lady, to-wit, Mary Wall, with four young children. The mother is not capable of performing any labor, she being old and not of sound mind. The oldest children, aged about nine and seven years, are capable of performing some services, and might be bound out with advantage: the two youngest are probably too young to put out with any advantage. The sixth order he received from the overseer of White River township, on the 4th of May, 1846, is Leonard Dick, and is supposed to be about seventy-four years old, and incapable of performing any labor, he being confined to his bed continually. Thomas Geering, the seventh pauper, was received on the day last mentioned, from the overseer of the poor of Wayne township. This pauper is also incapable of doing work, he being a complete idiot. Mrs. Barclay, the last, was received from the over¬ seer of Noblesville township on the same day. She is also entirely unfit to do any labor, being very old and infirm.

the county for the use of said paupers, to-wit: Four straw beds, four bed¬ steads, four cords, two feather beds, four blankets, eight pillows, ten pillow¬ cases, twelve sheets, four comforts, twelve chairs, one chamber. He needs in addition to these articles, for the better accommodation of the said paupers, one more room to the building and two chambers.

Various improvements were added to this building from time to time, but in 1852 the board decided the accommodations of the poor farm were inadequate for the purpose. In the March session, 1852, it was decided to erect a new building. The contract was let to William Bauchert for the sum of one thousand three hundred and sixty-six dollars.

Five years later, 1857, at a special session July 3, bids were again re¬ ceived for the purpose of erecting an asylum for the poor. Contracts for the work were let to Gigger & Gigger and other carpentry work; John Fisher building the walls and Thomas J. Lindley plastering the same. The building was of brick, two stories high in front and one at the back. When the various contracts for the work were fulfilled the house was accepted by the board in the September session, 1857. At the same meeting it was decided to en¬ large the farm, in consequence of which action eighty acres were purchased from A. H. Conner. William Bragg was again appointed superintendent of the poor farm. In 1874 an addition was ordered built to the poor house, con¬ sisting of four new rooms. The addition to be a frame structure. But after a few years, even with the above addition, the accommodation proved inade¬ quate. In 1878, J. C. Johnson presented plans for an asylum on the poor farm that were accepted. Bids were later received and the contract for the work awarded to Williams, Gigger & Durfee, their bid being $3,119. Work was begun immediately. The sum expended, including work done on the old building and construction of the new, was $3,649.25.

In 1903 the accommodations of the poor house having proven inadequate, the commissioners decided to receive bids for the construction of an addition to the poor house. On March 6, 1903, bids were received, but none were accepted because all bids exceeded the appropriation of twelve thousand dol¬ lars to be used for that purpose. At the session April 10, 1903, bids were again received and the contract was then awarded to Gerhart & Deppen for the amount of $8,986. The commissioners composing the board at this time were Henry Carpenter, Thomas Hussey and Hamilton Metsker. The con¬ struction of the building went forward rapidly. The residence of the super- intendent is what is left of the old part of the house. The old building on the south was torn down and in its place was built the splendid brick addition which joins up to the residence part, making one complete building. The rooms are light, airy and sanitary. Under the management of Superin¬ tendent Hubbard and Mrs. Hubbard, the farm, which now consists of two hundred acres, is almost self-supporting. The inmates are well cared for, being comfortably housed, clothed and fed. The men help with the farm work, tending the stock and planting and harvesting the crops. The women, under the competent direction of Mrs. Hubbard, do all the housework, cook¬ ing, sewing, cleaning, etc. ; the interior of the house, as well as its outward surroundings, are always in excellent order. There are two barns, one cement store house, which has been built within the last ten years, and three departments to the main building - the superintendent's residence, the women's quarters and the men's quarters. Mr. Hubbard has been superintendent for ten years, his term beginning' in 1905. He has given entire satisfaction in this important office. At present there are thirty-seven inmates, almost all being old men and women.

Orphan Asylum

There is no orphan asylum in Hamilton county now. Some years ago there was one at Westfield, but it was discontinued at least nine years ago. The board of children's guardians, in connection with the county judge, have charge of all homeless children. They either find homes for them in the county or, if they cannot find suitable homes for some, they place them in some orphans' home in the state and Hamilton county pays for their maintenance in such homes. The present board is as follows : Mrs. Walter Sanders, presi¬ dent; Mrs. Samuel Harrell, secretary; the other members are E. E. Cloe, Dr. H. H. Thompson, Mrs. Madge Johnson, of Westfield, and the trustee of Noblesville township is a member also, E. A. Hutchens being the present trustee.

The Ladies' Aid Society was organized at least forty years ago. The old records have been lost, so it is impossible to give the exact date, but the oldest member places the date about 1875 or possibly earlier than that. This Aid Society was organized at the First Methodist church by a Methodist minister. It is strictly a charitable organization and, though it had its birth in a Methodist church, it is, and always has been, undenominational in char¬ acter. Its members have included women of all creeds and faiths, the only requirement being the desire to help the poor and helpless of our town and community. Mrs. David Moss was one of the first presidents, and up to the time of her death she was an active worker in the organization. Later Mrs. Levinson was president for several years. During those years the Aid Society maintained the reading room, which later was merged in the public library. Mrs. Levinson was a very energetic and earnest worker and did much to aid the poor through the society. Later members and officers included Mrs. Max Behr, Mrs. J. G. Heylman, Mrs. Samuel Craig and others. During the past forty years many poor families have had daily bread and winter warmth in clothes and fuel through the efforts of these noble women, many little children have been clothed, fed and educated and had their faith renewed in Santa Claus through the efforts of the Ladies' Aid Society of Noblesville. The present officers are: Mrs. Henry Sapper, president; Mrs. J. G. Heylman, vice-president; Mrs. E. E. Fitzpatrick, secretary; Mrs. Samuel Craig, assist¬ ant secretary.

Public Offices

Below is given a practically complete list of Hamilton county's county and state representation in offices, based upon the public service from the time of the county's organization to date :

Associate Judges

From the earliest history of the county down to 1853 there was an office known as associate judge, and the following served in Hamilton county : John Finch and W. C. Blackemore, from 1823 to 1829; Joshua Cottingham and David Osborn, from 1829 to 1838; William A. Emmons and W. D. Rooker, from 1838 to 1841 ; Jonathan Colburn and W. S. Goe, from 1841 to 1850; Jesse Wilson and William Neal, from 1851 to 1852, when the office was abolished, the president judge being made sole presiding judge.

Circuit Judges County Commissioners

After this came the regular system of county commissioners practically as obtains today. The men who have served in this capacity were elected as follows (the county was laid off into three districts in August, 1831) :

County Assessors

The following have held this office in Hamilton county: Anderson Scott, elected in 1888; John Beals, in 1892; Amos Carson, in 1896; Benjamin Nagle, in 1900; E. G. Decker, in 1906, and Amos B. Wheeler, in 1914.

County School Superintendents

For a list of the old school examiners and later county superintendents the reader is referred to the Educational chapter, in which such list is treated in detail.

From the time of the creation of the county council, in 1899, the fol¬ lowing men have served on this body : C. J. McCole, Milton Hauson, J. T. Driver, John E. Clark, C. L. Gentry, Aaron Shoemaker, Theodore McGill, John H. Cox, John B. Huff, A. J. Gibbs, Joseph Stanbrough, A. D. Booth, Seth Henshaw, J. F. Passwater, M. C. Beals, Nelson Wise, John Harger, Daniel Brenner, W. F. DeVaney, Frank Innman. Arthur C. Spivey, C. T. Carson, C. L. Gentry.

Among other official positions of this county, some of which are now obsolete, were the subjoined, to which are appended the names of those who held such positions :

Students Appointed

Under the old Indiana law a certain number of students were appointed to the various semi-state institutions - those for whose foundation and sup¬ port public land money had been used. The following were appointed from Hamilton county: Milton Cogswell, 1843, to Indiana University; James Medsker, W. Moffitt, 1848, to Indiana University; Francis B. Cogswell, Jr., to Indiana University, 1849; John M. Hiatt, 1855, to Wabash College; James M. Smith, 1857, to Indiana University; G. W. Granger, 1869, to Wabash College; W. Mallott, 1871, to Wabash College; Albert K. Warren, Edward T. George, M. C. Martz, to Purdue University; Clayton Martz, 1879, to Purdue University.

State Senators

The following have represented this district in the state Senate : James Gregory, 1825; Calvin Fletcher, 1826 to 1833; Alexander F. Morrison, 1833-